TL;DR: Boating while intoxicated in Kentucky is a real criminal charge, but it is not a DUI. It has its own statute, KRS 235.240, separate from the DUI law that governs cars. The alcohol limit is the same 0.08, implied consent applies on the water, and refusing a test is its own offense. The penalties, set by KRS 235.990, are lower than a DUI: a first offense runs a fine of $200 to $250 or 24 hours in jail, plus a safe-boating course. And here is the part that surprises people: a BUI conviction does not suspend your driver's license or carry the KRS 189A penalties that come with a DUI. It is still a charge worth taking seriously, especially if anyone was hurt.
Kentucky is a boating state. Between the Ohio River and lakes like Taylorsville, Rough River, and Nolin, a summer weekend on the water is part of life here. It also means officers from the Department of Fish and Wildlife and other agencies are out watching for impaired operators. I am Matt Farra, and I defend impaired-operation charges in Louisville and across Jefferson County, on the road and on the water. Here is how a boating under the influence charge works in Kentucky and where the defense lies.
A BUI Is Not a DUI
This is the single most important thing to understand. In Kentucky, operating a boat while impaired is charged under KRS 235.240, in the boating chapter, not under KRS 189A.010, the DUI statute for motor vehicles. The law makes it illegal to operate any motorboat or vessel, or to manipulate water skis, a surfboard, or a similar device, while intoxicated or under the influence of any substance that impairs your ability to operate it. It also separately prohibits operating a boat in a reckless or negligent manner that endangers people or property. The reason the distinction matters is in the consequences, which I will get to below.
The Limit, Testing, and Refusal
For enforcement, KRS 235.240 borrows the elements of the DUI statute, KRS 189A.010(1) to (4). That means the per se limit on the water is the same 0.08 that applies on the road, and impairment by drugs or a combination of substances counts too. If you operate a vessel on Kentucky waters, you are treated as having given implied consent to alcohol or drug testing when an officer has probable cause to believe you are impaired. As with a DUI, refusing that test is itself a separate offense under KRS 235.240(3). One difference worth noting: Kentucky's lower under-21 alcohol threshold for driving does not carry over to boating.
The Penalties Are Set Separately
Because a BUI is its own offense, its penalties come from KRS 235.990, not from the DUI chapter, and they are notably lighter. For a first offense, the penalty is a fine of $200 to $250 or 24 hours in jail. For a second offense, it is a fine of $350 to $500 or 48 hours in jail. The statute also brings in a Coast Guard-approved safe-boating course, with a small fee for materials and instruction. If you are charged alongside the BUI with drinking in public or public intoxication under KRS 222.202, those are separate matters that ride along with the boating charge.
The Part That Surprises People: Your Driver's License
Here is the consequence that catches most people off guard, in a good way. Because a BUI is prosecuted under the boating statute and not under KRS 189A, a BUI conviction does not suspend your driver's license and does not carry the DUI penalties that a car case would. Your ability to drive to work is not on the line the way it is with a DUI. That is a meaningful difference, and it is one reason the charge you are actually facing, BUI versus DUI, matters so much.
When a Day on the Water Turns Serious
None of this means a BUI is nothing. It is a criminal charge that goes on your record. And if impaired boating leads to an accident that seriously injures or kills someone, the operator can face separate and far more serious felony charges under Kentucky's homicide or assault statutes, well beyond the BUI itself. Kentucky also requires that boating accidents involving death, disappearance, or serious injury be reported to the Department of Fish and Wildlife Resources, with a written report to follow. The stakes climb quickly when someone gets hurt.
Where the Defense Lies
Because KRS 235.240 uses the same core elements as a DUI, many of the same defenses apply. I look at whether the officer had a lawful basis to stop and detain the operator on the water, whether there was probable cause for testing, whether the testing was done correctly and reliably, and whether the Commonwealth can actually prove you were operating the vessel while impaired. Water introduces its own complications, since balance, fatigue, sun, and the motion of a boat can mimic signs of impairment in field testing. There are no guarantees, and every case turns on its facts, but a BUI is not a charge to simply concede.
Charged With a BUI? Let's Talk
If you are facing a boating under the influence charge in the Louisville area, it is worth getting a clear read on what you are actually up against, and how it differs from a DUI. I handle these cases personally, and the first conversation costs nothing. You can learn more about my approach to DUI defense in Louisville, or call or text me directly at (502) 314-4499.
Frequently Asked Questions
Is a BUI the same as a DUI in Kentucky? No. Boating under the influence is charged under KRS 235.240 in the boating chapter, while a DUI is charged under KRS 189A.010. They share the same 0.08 limit and core elements, but the penalties and consequences are different.
Will a BUI suspend my driver’s license? No. Because a BUI is prosecuted under the boating statute rather than KRS 189A, a conviction does not suspend your driver’s license or carry the DUI penalties that a motor-vehicle case would.
What is the alcohol limit for boating in Kentucky? The per se limit is 0.08, the same as for driving. Impairment by drugs or a combination of substances also counts, and unlike driving, there is no lower threshold for operators under 21.
What are the penalties for a first BUI in Kentucky? Under KRS 235.990, a first offense carries a fine of $200 to $250 or 24 hours in jail, along with a Coast Guard-approved safe-boating course. A second offense carries a fine of $350 to $500 or 48 hours in jail.
Can I refuse a breath or blood test on the water? You can, but refusal is its own offense under KRS 235.240(3), just as it is in a motor-vehicle DUI. Operating a vessel in Kentucky carries implied consent to testing when an officer has probable cause.
This article is general legal information about Kentucky law, not legal advice, and reading it does not create an attorney-client relationship. For advice about your specific situation, speak with a licensed Kentucky attorney.
About Matt Farra
Louisville Criminal Defense Attorney • Founder, Farra Law Firm
Matt Farra has been licensed in Kentucky for nearly 20 years, defending clients across Louisville, Jefferson County, and Kentucky in state, district, and federal courts. A native Louisvillian with deep ties to the local legal community, he handles the full range of criminal matters, from DUI and drug offenses to white collar crimes, felony cases, and expungements. Every client at Farra Law Firm works directly with Matt from initial consultation through case resolution.
“I believe every person, no matter their background or the charge against them, deserves a strong, respectful, and aggressive defense.”
— Matt Farra
Credentials & Practice
- Kentucky Bar Association
- J.D., Northern Kentucky University, Salmon P. Chase College of Law
- Nearly 20 years of Kentucky criminal defense experience
- Native Louisvillian with strong local court relationships
- Practices in Louisville Metro Criminal Court, Jefferson County District & Circuit Court, and Kentucky county courts statewide
- Admitted to U.S. District Court, Western District of Kentucky (federal practice)
- Justia Lawyer Profile
- Avvo Attorney Profile
Reviewed for legal accuracy by Matthew J. Farra, Founding Attorney, Farra Law Firm. Last reviewed: April 2026.